Special status for J&K: Centre refuses to comment, says issue is legal
The Centre has told the Supreme Court that the special status accorded to Jammu and Kashmir is a legal issue and should be decided by a larger bench. Attorney General of India, K K Venugopal told a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud that this was a legal issue and hence the Centre was not filing any reply in this regard.
The court was hearing a petition against the continuance of the special status to Jammu and Kashmir. The petitioners argued that the government must take a stand one way or the other.
The petitioners also argued that a combined reading of Article 3 and 4 would show that J&K is an integral part of union of states and the laws made under Article 2,3 and 4 would be applicable to the state as well.
This is a sensitive matter and would require a larger debate. The court referred the matter to a three judge bench and said that the matter would come up in six weeks time.
The petitioners said that Article 35A of the Constitution be declared unconstitutional. It was contended that the President could not have amended the Constitution by the 1954 order and it was meant to be a temporary provision. A further reading of Article 370 of the Constitution shows that there is no power conferred on the President of India to amend the laws.